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Commercial Litigation Funding

Litigation Funding Assessment

The main ingredients of a fundable claim are that:

  • The claim should have good prospects of success against a solvent defendant; and
  • The claim value should be for a sufficient multiple of the likely costs. For example the claim should normally be worth at least 6 times the costs of pursuing it all the way through trial. There are no upper limits in terms of costs or the quantum of damages.

 

Breaking this down a little further, Calunius Capital will assess potentially investable cases on a variety of factors, principally:

  • Merits – What are the strengths and weaknesses of the legal arguments and of the supporting evidence?
  • Quantum – What level of damages is likely to be achieved on success at trial or on settlement?
  • Recoverability – Is the Defendant good for the money?
  • Time – How long will it take to achieve resolution, including the risk of appeal?
  • Costs – How much will the Claimant’s costs turn out to be; what is the risk of over-run; how will the adverse costs risk be dealt with?
  • Variability – How likely are each of the above factors to change?

 

In principle, we work with the case materials that are available. Ideally, in order properly to assess the risk, we like to see and evaluate the following items before a decision can be taken:

  • The principal documents (contracts, correspondence etc.) relied on in the case;
  • Any witness statements that have been prepared;
  • Any Court documents that have been filed;
  • A written legal opinion dealing positively with the merits;
  • A written, legally coherent justification of the quantum sought in the claim;
  • A written estimate of the costs to be incurred in pursuing the claim.

 

However we do recognise that, depending on the stage the preparations of the case have reached, some of these documents might not be immediately available. In particular we do not necessarily require a Counsel’s Opinion and the Calunius Fund will pay for the preparation of a formal legal review in appropriate cases.

 

Back to Litigation Funding

 

 

Calunius news and media

International Arbitration Club Lunch

London, 20 June 2017

Calunius' Mick Smith will be a speaker at the Club Lunch Meeting; he will be addressing "Defining the indefinable - Industry Perspectives on Third Party Funding (TPF) in International Arbitration". There is lots of noise about third party funding in international arbitration circles, and somewhat less fact and knowledge. Mick will demystify TPF and also provide his own perspectives on where the industry is today and where it is heading.

Advanced EU Competition Law conference

London, 16 May 2017

Calunius' Christian Stuerwald discussed a range of topics under the headline 'Private Enforcement: Different Parties, Different Objectives' with fellow practitioners from other stakeholders on the first day of the main conference. Monetization of cartel follow-on claims was a topic of particular interest. Please click on the headline to access the full programme and list of speakers.

N+1 Singer’s Listed Law Conference

London, May 2017

Calunius' Mark Wells spoke at a conference described as 'London’s first ever investor gathering focused on the business of law in a listed context'. It brought together listed law-related companies and examined changing business models and investment opportunities. Click on the headline for a report on the event.

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